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Post By: Adam Turteltaub
Laws like EMTALA and HIPAA don’t just apply to US citizens. They apply to everyone. That both keeps things simpler and adds complexity when it comes to undocumented immigrations.
As Lesley Anne Durant, Senior Corporate Counsel-Regulatory for United Surgical Partners explains in this podcast, if someone without documents appears in the ER, the hospital still needs to provide a medical screening exam, treat and stabilize the patient.
But, when it comes to patient privacy, things grow more complex.
HIPAA does provide exceptions for law enforcement. However, she notes, hospitals need to consider them carefully. While a disclosure may be permissible, the hospital may not be obligated to disclose the patient information without a court order. And, if patients fear their information may be disclosed, they may not seek treatment. That can be particularly dangerous during this time of pandemic.
Other issues that pose compliance risks include:
- Minors without a parent or guardian present, or in custody
- Victims of assault, including sexual assault
- Human trafficking and modern slavery